alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

**San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 22

- 00247

- CV

Gloria M. CHANDLER

- Deceased, and all other occupants of 4563 Lavender Lane, San Antonio, Texas 78220, Appellant s

v.

REVERSE MORTGAGE SOLUTIONS, INC.

, Appellee

From the County Court a t Law No. 10

, Bexar County, Texas
Trial Court No. 2021CV04574
Honorable J

. Frank Davis , Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez , Justice
Lori I. Valenzuela , Justice

Delivered and Filed: October 19, 2022

DIS MISSED FOR WANT OF PROSECUTION

Appellants’ brief was originally due on August 24 , 202 2 . Appellant s failed to file their

brief or a motion for extensio n of time. On September 14 , 202 2 , we issued an order informing

appellant s that their brief was overdue and directing them to file their brief on or before October

5 , 202 2. We advised appellant s that if they failed to file their brief, we would dismiss this appeal

for want of prosecution. See T EX

. R. A PP

. P. 38.8(a)(1) (allowing appellate courts to dismiss an

appeal for want of prosecution when an appellant fails to timely file a brief); see also T EX

. R. A PP

.

P. 42.3(c) (allowing appellate courts to dismiss an appeal when an appellant fails to comply with04

- 22

- 00247

- CV

- 2

- a court order). Appellant s ha ve not filed their brief or otherwise responded to our September 14,

2022 order. We, therefore, dismiss this appeal for want of pro secution.

PER CURIAM
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED December 10, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50451 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUSTO MEJIA-SANCHEZ, also known as Juan Carlos Garcia-Armenta, also known as Justo Mejia-Sanchez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-02-CR-530-1-WWJ

-------------------- Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Justo Mejia-Sanchez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Mejia-Sanchez contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should haveNo. 03-50451 -2- been alleged in his indictment. Mejia-Sanchez maintains that he pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Mejia-Sanchez acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
1 C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Carl Emanuel Lewis v. Bridney Yancy

Appellate case number: 01

- 1 9

- 00 348

- CV

Trial court case number: 2019

- 15182

Trial court: 280th District Court of Harris County

On June 7 , 2019, a ppellant, Carl Emanuel Lewis , filed in this Court a Notice of Appeal seeking review of the trial court’s order sustaining the contest to h is affidavit of inability to pay costs. We construe this notice of appeal as motion challenging the trial
court’s order. See T EX

. R. C IV

. P. 145(g)(1 ) , (2)

. Accordingly, we direct the court reporter to prepare and file a reporter’s record of all proceedings on appellan t’s claim of indigence, including a reporter’s record of the May 21 , 2019 hearing on the contest to appellant’s affidavit of inability

. See T EX

. R. C IV

. P. 145(g)(3).

The reporter’s record of the May 21 , 2019 hearing and any othe r reporter’s records on the contest to the affidavit of inability shall be prepared and filed without charge to appellant. See T EX

. R. C IV

. P. 145( g ) ( 3 )

. The se reporter’s record (s) are due to be filed

no later than 14 days from the date of this order

.

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd

 Acting individually  Acting for the Court

Date: ___ July 2, 2019

____
EXHIBIT 31.2

                                  CERTIFICATION

I, William B. Horne, certify that:

1. I have reviewed this annual report on Form 10-KSB of Digicorp;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact  necessary to make the statements
made, in light of the  circumstances  under which such statements were made, not
misleading with respect to the period covered by this report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information included in this report, fairly present in all material respects the
financial condition,  results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining  disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

      (a)  designed  such  disclosure  controls and  procedures,  or caused such
disclosure  controls and  procedures to be designed  under our  supervision,  to
ensure that material  information  relating to the small business issuer is made
known to us by others,  particularly  during the period in which this  report is
being prepared;

      (b) evaluated the effectiveness of the small business issuer's  disclosure
controls and presented in this report our conclusions about the effectiveness of
the disclosure  controls and procedures,  as of the end of the period covered by
this report based on such evaluation; and

      (c)  disclosed  in this report any change in the small  business  issuer's
internal  control  over  financial  reporting  that  occurred  during  the small
business issuer's most recent fiscal quarter (the small business issuer's fourth
fiscal quarter in the case of an annual report) that has materially affected, or
is reasonably likely to materially  affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based  on  our  most  recent  evaluation  of  internal  control  over  financial
reporting,  to the small business  issuer's  auditors and the audit committee of
the small  business  issuer's  board of  directors  (or persons  performing  the
equivalent functions);

      (a) all significant  deficiencies and material weaknesses in the design or
operation of internal  control over  financial  reporting  which are  reasonably
likely to  adversely  affect  the small  business  issuer's  ability  to record,
process, summarize and report financial information; and

      (b) any fraud, whether or not material,  that involves management or other
employees who have a significant  role in the small business  issuer's  internal
control over financial reporting.

September 28, 2005


/s/ William B. Horne
---------------------------
    William B. Horne
    Chief Financial Officer
EXHIBIT 23.2
                                                                ------------

                CONSENT OF MCGLADREY & PULLEN, LLP

We consent to the incorporation by reference of our report dated
March 12, 2007 with respect to the consolidated financial
statements and notes thereto of Touchstone Applied Science
Associates, Inc. as of and for the year ended October 31, 2006
included in its Annual Report (Form 10-KSB) for the fiscal year
ended October 31, 2006 filed with the Securities and Exchange
Commission into (i) the Company's Registration Statement on Form S-
3 (SEC File No. 333-27659), (ii) the Company's Registration
Statement on Form S-8 (SEC File No. 333-424), (iii) the Company's
Registration Statement on Form S-3 (SEC File No. 333-75377), (iv)
the Company's Registration Statement on Form S-8 (SEC File No. 333-
110156), (v) the Company's Registration Statement on Form S-8 (SEC
File No. 333-110157), and (vi) the Company's Registration Statement
on Form SB-2 (SEC File No. 333-129261).


MCGLADREY & PULLEN LLP

Minneapolis, Minnesota
March 12, 2007
EXHIBIT 99.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

        Inconnection with the Quarterly Report of BOE Financial Services, Inc. (the “Company”) on form 10-QSB for the period ending June 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), eachof the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that, to the best of his knowledge: (1) the Report fully complies with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a) or 780(d)); and (2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of June 30,2002, and for the period then ended.

| /s/ George M. Longest, Jr. |
|----------------------------|
|                            |
| George M. Longest, Jr.     |
| Chief Executive Officer    |
|                       |
| /s/ Bruce E. Thomas        |
| Bruce E. Thomas            |
| Chief Financial Officer    |
|                       |
| August 14, 2002            |

Page:     16
<PAGE>   1


                                                                      EXHIBIT 21


                           SUBSIDIARIES OF REGISTRANT*

<TABLE>
<CAPTION>
                                                                      REGISTRANT'S
NAME AND STATE OR OTHER JURISDICTION OF INCORPORATION             PERCENTAGE OWNERSHIP
-----------------------------------------------------             --------------------
<S>                                                               <C>
U.S. SUBSIDIARIES
  C/P Products Corp, an Indiana corporation                               100%
  United Sales and Warehouse of Texas, Inc., a Texas corporation          100%


FOREIGN SUBSIDIARIES:
  The Coast Distribution System (Canada) Inc., Quebec, Canada             100%
</TABLE>


        In accordance with the instructions set forth in Paragraph (b) of Item
601 of Regulation S-K, there have been omitted those subsidiaries that, if
considered in the aggregate as a single subsidiary, would not constitute a
significant subsidiary as of December 31, 2000.
#### Cleaven WADE, Appellant, v. The STATE of Texas, Appellee.

No. 27328.

Court of Criminal Appeals of Texas.

Jan. 5, 1955.

*118No attorney on appeal for appellant.

Wesley Dice, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

The offense is driving while intoxicated; the punishment, 3 days in jail and a fine of $100.

No statement of facts or bills of exception appear in the record.

The judgment herein recites that the jail term was probated.

In compliance with the holding in Gilderbloom v. State, Tex.Cr.App., 272 S.W.2d 106, the judgment herein is reformed so as to eliminate the provision for probation and, as reformed, is affirmed.

Opinion approved by the court.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1522 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1522

      To repeal the Energy Independence and Security Act of 2007.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2011

   Mr. Mack introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Small Business, Oversight and Government Reform, Science, Space, and 
  Technology, Transportation and Infrastructure, Financial Services, 
House Administration, Natural Resources, Foreign Affairs, Education and 
  the Workforce, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
      To repeal the Energy Independence and Security Act of 2007.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF ENERGY INDEPENDENCE AND SECURITY ACT OF 2007.

    The Energy Independence and Security Act of 2007 (Public Law 110-
140) is repealed, and the laws amended by that Act shall be read as if 
the amendments made by that Act were not enacted.
                                 <all>
```
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                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Election Commission

# TIME AND DATE:

Tuesday, February 27, 2024, at 10:00 a.m. and its continuation at the conclusion of the open meeting on February 29, 2024.

# PLACE:

1050 First Street NE, Washington, DC and virtual (This meeting will be a hybrid meeting.)

# STATUS: 

This meeting will be closed to the public.

# MATTERS TO BE CONSIDERED:

Compliance matters pursuant to 52 U.S.C. 30109.

Matters concerning participation in civil actions or proceedings or arbitration.

# CONTACT PERSON FOR MORE INFORMATION:

Judith Ingram, Press Officer. Telephone: (202) 694-1220.

(Authority: Government in the Sunshine Act, 5 U.S.C. 552b)

Vicktoria J. Allen,

Deputy Secretary of the Commission.

[FR Doc. 2024-03459 Filed 2-15-24; 11:15 am]

BILLING CODE 6715-01-P
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-11-00513- CR

Abdu l Hassain Shaw , Appellan t

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F B ELL COUNTY , 264 TH JUDICI AL DISTRICT NO. 672 67, H ONO RAB LE F ANCY H. JEZEK, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N

Abdul Hassain S h aw s eeks to appea l from a judgme nt of conviction for
ag g rava ted assault with a deadly wea pon with bodily injury

. The trial court has cer tified that this is

a plea barg ain case and that Shaw has no rig ht of appea l. The appea l is dismiss ed. See Tex. R. App. P. 25.2(a)( 2), (d)

.

J eff Rose, J ustice
Be fore J ustices Pury ear , Rose and Goodwin
Dismissed Filed: September

15, 2011
Do Not Publish
**EXHIBIT 32**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of Petrol Oil and Gas, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Paul Branagan, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | /s/ Paul Branagan                                         			

Paul Branagan |
|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | President and Chief Executive Officer |
|--------|---------------------------------------|

|   | November 9, 2006 |
|--------|------------------|
EXHIBIT 32.2

                             CERTIFICATE PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In  connection  with  the  Quarterly  Report  of  VerticalBuyer, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2004 as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
Chris Kern, Interim Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley
Act  of  2002,  that:

     (1)  The  Report  fully  complies with the requirements of section 13(a) or
15(d)  of  the  Securities  Exchange  Act  of  1934;  and

     (2)  The  information  contained  in  the  Report  fairly  presents, in all
material  respects,  the  financial  condition  and  result of operations of the
Company.

     A  signed  original  of  this written statement required by Section 906 has
been  provided  to the Company and will be retained by the Company and furnished
to  the  Securities  and  Exchange  Commission  or  its  staff  upon  request.

Date:     November  18,  2004

                                                 /s/ Chris Kern
                                                 -------------------------------
                                                 Chris Kern
                                                 Interim Chief Financial Officer


                                       17
<PAGE>
### 401!~HDES

CELEBRATING 1_ lsay 25 xo'i `( =nr_S---i Celebrating 25years ofprotecting New Hampshire's environment.

March 22, 2012 Mr . Paul MacDonald Plant Manager Hutchinson Sealing Systems, Inc. 171 Route 85 P . O . Box 169 Newfields, NH 03856 Re: Final Volatile Organic Compounds (VOC) Reasonably Available Control Technology (RACT) Order ARD-11-001 Hutchinson Sealing'Systems, Inc. 171 Rte 85, Newfields, NH Facility Identification #33001500046, Application # 11-0156 Dear Mr . MacDonald: Please find enclosed the Final VOCRACT Order issued by the New Hampshire Department of Environmental Services, Air Resources Division (DES), to Hutchinson Sealing Systems, Inc., located in Newfields, NH .' The final VOC RACT Order is being issued in accordance with the New Hampshire Code of Administrative Rules Env-A 1205, RACT Procedures and Env-A 1220, Miscellaneous Industrial Adhesives, and replaces RACT Order ARD-01-002 issued August 8, 2002. If you have any questions, please contact Patricia North of the Air Resources Division, Permitting and Environmental Health Bureau at (603) 271-0901 or via e-mail at patricia.north@des.nh.gov. Sincerely,



# ~°a 

# a )(Ok Craig A . Wright Assistant Director Air Resources Division CAW/prn Enclosure: Final RACT Order ARD-I 1-001 and Engineering Summary By certified mail #7002 3 1500004 7243 7108 cc: David Conroy, USEPA Town of Newfields Johnny R

. Evens, Safety and Environmental Engineer, Hutchinson Sealing Systems-USA

The State of New

Hampshire 

## Department of Environmental Services

Thomas S. Burack, Commissioner

www .des .nh.gov 29 Hazen Drive " PO Box 95 " Concord, NH 03302-0095 f6031 271-3503 " TDDAccess : Relav NH 1-800-735-2964
#### Joe DELK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Jan. 27, 1956.

*532William T. Ely, Paducah, for appellant.

J, D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

CAMMACK, Judge.

The appellant, Joe Delk, was convicted of storehouse breaking and sentenced to prison for five years. He seeks a reversal of the judgment on the ground that his wife was permitted to testify concerning confidential communications had between them during marriage. Mrs. Delk testified that the appellant came home about 4:00 a. m. and told her he had broken into a service station, and had taken a watch and about seven dollars in change from a cigarette machine.

These facts, aside from those pertaining to the place broken into, are practically identical with those recently presented to us in the case of Delk v. Commonwealth, Ky., 285 S.W.2d 169. Therein we held that under ICRS 421.210(1) a spouse can not testify concerning facts peculiarly known to her because of the marital relation; that is, facts revealed in a confidential communication from one spouse to the other.

That case is controlling here. Therefore, the judgment is reversed, with directions to set it aside, and for proceedings consistent with this opinion.